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njcourts.gov
… Submitted January 9, 2018 – Decided Before Judges Yannotti and Mawla. On appeal from Superior … Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … Id. at 688. The defendant is required to overcome the strong presumption that counsel exercised …
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njcourts.gov
… Defendant-Appellant. Submitted October 23, 2017 – Decided Before Judges Accurso, O'Connor and Vernoia. On appeal from … 2C:21-25(b)(2); two counts of second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a); third-degree uttering a … from the timesheets, which was forwarded to defendant and ultimately sent to headquarters for payment. After Express …
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njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … criminal matter. The Caldwell Municipal Court dismissed the complaint against plaintiff for lack of probable cause. … Supreme Court for determining an award of counsel fees. The ultimate conclusions reached by the judge were thus …
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njcourts.gov
… Submitted September 13, 2021 – Decided October 4, 2021 Before Judges Sabatino and Rothstadt. On appeal from the … made numerous errors in his calculation of defendant's income and application of the child support guidelines … personal expenses." The judge added that "[t]he child may ultimately be required to fund a greater portion of [his] …
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njcourts.gov
… Submitted January 12, 2021 – Decided Before Judges Fisher and Moynihan. On appeal from the Superior … a fair trial"; (11) "the cumulative effect of the errors, combined with trial counsel's omissions, deprived defendant … Id. at 289. In the third step described by the Court, "the ultimate burden remains on the defendant to prove a very …
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njcourts.gov
… not to do so. A jury convicted defendant L.O.R.1 of having committed one count of first-degree aggravated sexual … at 410-15. Nevertheless, a trial court remains free to revisit the issue of reliability after considering the … diminution [of cross-examination] calls into question the ultimate integrity of the fact-finding process." Id. at 532. …
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njcourts.gov
… Submitted November 5, 2020 – Decided Before Judges Alvarez and Mitterhoff. On appeal from the … poor mother. Among her weaknesses as a parent, defendant complained that she was not giving the children the vitamins … a drug transaction has taken place, because that is the ultimate factual question left for the jury, this …
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njcourts.gov
… Submitted March 10, 2021 – Decided April 19, 2021 Before Judges Whipple and Firko. On appeal from the Superior … away. Later that day, defendant was served with an amended complaint at the MCDC adding the charge of first-degree … rights and his potential sentencing exposure. Ultimately, the court accepted defendant's guilty plea, …
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njcourts.gov
… Argued March 1, 2021 – Decided March 18, 2021 Before Judges Fasciale and Mayer. On appeal from the Superior … the expiration of that agreement, the County and PBA 299 commenced negotiations for a new CBA for the period between … agreement does not exist. 9 A-2418-19 The arbitrator ultimately sustained PBA 299's grievance. The arbitrator …
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njcourts.gov
… Argued January 27, 2021 – Decided May 18, 2021 Before Judges Whipple, Rose and Firko. On appeal from the … SHOULD HAVE BEEN SUPPRESSED BECAUSE THE PRIVATE SEARCH AND COMMUNITY CARETAKING EXCEPTIONS DID NOT APPLY. A. The Trial … of those doctrines. While we note the trial court ultimately decided the reconsideration motion one year …
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njcourts.gov
… A-3125-19 IN THE MATTER OF THE TOWNSHIP OF EAST BRUNSWICK FOR A JUDGMENT OF COMPLIANCE OF ITS THIRD ROUND HOUSING ELEMENT AND FAIR SHARE … inclusionary development was extensively analyzed, and ultimately supported, by the . . . Township's governing …
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njcourts.gov
… Submitted September 13, 2018 – Decided Before Judges Koblitz, Ostrer and Mayer. On appeal from … yard, laughing with a second, shorter man with a darker complexion. The two then fled the scene. Fifteen to twenty … had already fulfilled whatever duty he had – was a matter, ultimately, for the jury in assessing [the defendant]'s …
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njcourts.gov
… its lawsuit against two of its former key employees and a competitor that hired them. Among other things, plaintiff … appearance. The omission 19 A-0952-17T3 was unfortunate and ultimately prejudicial. Regardless of whether counsel had a … got away from the 'ideal transition company plan' and to revisit this proposal and a plan to get back to these numbers …
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njcourts.gov
… Argued December 4, 2018 – Decided Before Judges Rothstadt and Gilson. On appeal from Superior … store, with an agreement from the State that it would recommend concurrent sentences. Defendant was then sentenced … The court asked for a consent order, but the order that was ultimately submitted did not contain the signatures of …
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njcourts.gov
… Submitted September 13, 2018 – Decided Before Judges Whipple and DeAlmeida. On appeal from Superior … imposed after entry of his guilty plea to conspiracy to commit aggravated assault. We affirm. I. The following facts … chase. The Court held that the pursuit of Tucker, and his ultimate capture, constituted unconstitutional seizures …
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njcourts.gov
… JONES, R.N., Defendants-Respondents, and WOMEN'S GROUP FOR OB/GYN, PAMELA KOPELOVE, M.D., JEAN TORRANCE, R.N.C., … to Hailey. Plaintiffs appeal from the dismissal of their complaint against Virtua West Jersey Hospital Voorhees … to cure. Plaintiffs urge that they should be spared the ultimate sanction of dismissal with prejudice because lesser …
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njcourts.gov
… Argued December 20, 2016 – Decided Before Judges Ostrer and Vernoia. On appeal from the Superior … decision; but are constrained to remand in part for a more complete statement of reasons for the court's order … defendant to obtain insurance on his life, which the court ultimately rejected because of his age. As the trial court …
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njcourts.gov
… Argued May 9, 2017 - Decided Before Judges Reisner, Rothstadt and Mayer. On appeal from the … or the patient), a seventy-four year old woman, experienced complications after her esophagus was punctured during … perforation." He concluded that Ms. Cyckowski's death was ultimately due to the delay in diagnosing the esophageal …
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njcourts.gov
… OF RONALD AVELLA, PATRICK AVELLA, and ANTHONY BIVIANO, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE … On February 16, 2012, Biviano filed in Bergen County a complaint as executrix of the Estate, individually and on … settlement agreement. As the trial court found, the funds ultimately deposited in the escrow account were "those that …
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njcourts.gov
… Submitted December 12, 2017 – Decided Before Judges Yannotti and Leone. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2012-950 and 2013-83. Stuart Ball, … Torsiello had ample time to examine the evidence before his ultimate departmental hearing in January 2014, where he had …